Florida Personal Injury Laws

Legal Rights For A Trucking Injury

There’re a number of steps you need to take in order to protect your legal rights after you have been injured by a semi-tractor trailer truck in an incident. Number one is you’re going to want to make sure you seek and obtain the best medical care to get better. Number two you want to seek the services of a qualified lawyer who has experience in handling big rig tractor trailer truck cases. Number three, you must take steps to preserve the evidence and that means preserving any of the vehicles which were involved in this incident. Number four, you must put your own insurance company on notice immediately. There’re certain requirements there and you don’t want to give up any rights in terms of your own insurance.

About David Best

Hi. I’m David Best. I’m one of the founding partners of Best & Anderson. I grew up in Central Florida, in Orlando, from the first grade through the 12, and then I went to Florida State where I majored in math. Then, I moved to Washington to work for the National Security Agency, and went to law school at night and graduated from American University. I came straight down and took the bar, passed it the first time.

Experience

Since then I’ve tried literally hundreds of cases in state court, federal court, all over Florida and in other states, and have even appeared and prevailed in the United States Supreme Court, which very few people have done. I hate to brag, but I’ve been rated the highest rating that the group that rates lawyers can give for 20 years.

Best & Anderson

And our firm then, Best & Anderson, has a preeminent rating by that same company. We can’t affect our ratings. Other lawyers and judges rate us just the way they think we are, and we don’t even have access to how our friends and colleagues rated us. But we are rated the highest we can be, and I’m proud of that.

You hope you don’t have to go to trial, but you want a lawyer that can do it if the case didn’t settle. I think that we have a good law firm. We can try a case, but we settle them because the insurance companies respect us. Thank you for listening to me.

By: David Best

Swimming Pool Owner Liability

The owner of a swimming pool can sometimes be held legally liable for any accidents, injuries, or drownings that happen in the pool. But that depends on whether or not the owner took reasonable steps to prevent the accident from happening.

Common examples of reasonable steps that a swimming pool owner can take, is making sure that there is the appropriate fence or enclosure around the pool to prevent children from wondering into it, to make sure that it is adequately lit.

In certain circumstances making sure that there is a lifeguard, or making sure that other people are around to prevent accidents from happening. Another important thing is to pay close attention to the surface surrounding the pool, make sure that it is a non-slip or slip-resistant surface to prevent slip and fall type accidents in the pools area.

How long will it take us to resolve your Florida Medical Malpractice Claim?

Well, that varies with every case. Some cases resolve early, other cases take years, and it all depends upon how strong your case is. What are the facts that we’re working with? How many defendants are involved in your case? If you like to discuss your case in more detail, give me a call. I’m Ron Gilbert with Colling Gilbert Wright and Carter. 1-800-49-LEGAL.

By: Ron Gilbert

Partial Fault In A Car Accident

Yes, you can in the State of Florida. There are some states where if you’re involved in an automobile accident and you’re found to even be a small percentage at fault, you are completely barred or precluded from recovery even though the other driver may have also been at fault. Florida, however, is a pure comparative negligence state. So, if there is a determination that both both drivers are at fault, regardless of the percentage, you are still permitted in Florida to recover for your damages even if you are determined to be at fault or partially at fault. So, you want to hire a lawyer that is reputable in handling claims to assess comparative fault issues in an automobile accident case.

Comparative Negligence On A Pedestrian

Comparative negligence on a pedestrian accident case in Florida means that the relative fault of the parties involved in an accident is compared against each other. And in Florida, we’re a pure comparative negligence state, meaning even if you’re partially at fault or mostly at fault, you can still recover damages if another party is determined to be some percentage at fault. Just your damages are reduced by the amount that is determined to be your share of fault. It’s important in a pedestrian accident case that you have attorneys that know how to handle those cases because you are always going to be blamed in a pedestrian accident case for causing your injuries, and it’s important that you have reputable attorneys that have handled pedestrian accident cases to assess comparative fault issues in a pedestrian accident case.

Construction Site Injury

It depends on the situation, but if you’ve been injured on a construction site or at the workplace you want to contact an attorney to first assess whether or not you have a viable worker’s compensation claim. Oftentimes if you do not have worker’s compensation insurance, or if you’re injured on a construction site and there was reckless or willful conduct on the part of the employer, you may have a viable third party negligence claim against your employer.

Oftentimes, however, individuals injured on a construction site they just think that they do not have a case and they never contact an attorney until it’s too late and the statute of limitations has already been expired. But if you’ve suffered a catastrophic workplace injury – especially on a construction site – you want to talk to a reputable law firm to assess whether or not you have a viable case against your employer.

Determining Damages For A Wrongful Death

damages in any wrongful death case where you have an 18-wheeler responsible for causing that death are going to be determined solely at the judgment and discretion of the jury. The judge, in any given case, is going to give the members of the jury a brief explanation of the law, and the jury will determine what the damages are for such things as: final medical expenses and funeral expenses, the mental pain and anguish of any surviving person – which would be like a surviving child, if a parent were killed, or perhaps a surviving spouse. if the other spouse had been killed, then you have damages for what are called Loss of Net Accumulations, and the jury makes that decision based on the evidence each juror hears during the trial itself.

Attorney Fees And Contingency Fees

Typically most attorneys in the state of Florida will charge on a contingent fee basis. And what that means – it allows us, or allows any attorney, to represent you as a consumer on a contingent fee basis meaning there’s no upfront fees and no upfront costs that have to be paid by you as a consumer. We are able to represent you and we don’t get paid until the end of the case and only if there’s a successful recovery on your behalf do we get a percentage of that recovery in attorney fees and do we recoup the cost that we have advanced on your behalf during our handling of the case.